TCA § 8-50-112 — Announcement for employment for covered position — Noncovered positions — Criminal history — Definitions

If an employer announces a position for employment that is a covered position, the announcement shall include the following statement: NOTICE This position requires a criminal background check. Therefore, you may be required to provide information about your criminal history in order to be considered for this position. If an employer announces a position for employment that is not a covered position, the employer shall not inquire about an applicant's criminal history on the initial application form. An employer may inquire about an applicant's criminal history after the initial screening of applications. If an employer inquires about an applicant's criminal history, the employer shall provide the applicant with an opportunity to provide an explanation of the applicant's criminal history to the employer. In considering an applicant with a criminal history for a position for employment other than a covered position, an employer shall consider: The specific duties and responsibilities of the position; The bearing, if any, that an applicant's criminal history may have on the applicant's fitness or ability to perform the duties required by the position; The amount of time that has elapsed since the applicant's conviction or release; The age of the applicant at the time of the commission of each offense; The frequency and seriousness of each offense; Any information produced by the applicant regarding the applicant's rehabilitation and good conduct since the occurrence of an offense; and Any public policy considerations with respect to the benefits of employment for applicants with criminal histories. Except as otherwise required or expressly permitted by state or federal law, a criminal history obtained by an employer shall be confidential and not subject to the open records law, compiled in title 10, chapter 7. An employer shall be held harmless and not liable for any damages arising from the employer's failure or refusal to hire an applicant for any covered position or other position based on information obtained by the employer from an inquiry into the criminal history of the applicant. As used in this section, unless the context otherwise requires: “Covered position” means a position for employment for which a criminal background check is required under federal law or for which the commission of an offense is a disqualifying event for employment under federal or state law; and “Employer”: Means the state and any agency, authority, branch, bureau, commission, corporation, department, or instrumentality of the state; and Does not include a contractor, subcontractor, a political subdivision of the state, the department of education, the state board of education, or the Tennessee bureau of investigation.